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(영문) 서울북부지방법원 2018.08.17 2017고정1406
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant and B, even if receiving the money from the victim C, purchased the money by using the money, and did not intend or have the ability to return the money to the victim remaining after leaving the profit therefrom, thereby deceiving the victim to acquire the money from the victim, even though they did not have any intention or ability to return the money.

On January 13, 2015, around 19:00, the Defendant and B are those who work together with B while introducing the Defendant to the victim at the bread house near Nowon-gu in Seoul Special Metropolitan City, Nowon-gu.

A’s operation of a large franchise, and a considerable amount of financial power that can be mobilized from a few hundred billion to a few hundred billions, and from time to time, from time to time, the right of the Gu and the date of the non-funds shall be the highest, and the right of the Gu shall be the highest. In addition, A’s return to KRW 1 million per week after a week for the fraud of the Gu’s right.

“Falsely speaking, the Defendant also stated that, when the Defendant was paid money from the injured party while he was making a campaign, he purchased the money for the right to use the money and left the profit.

Accordingly, the victim delivered one million won to the defendant in cash.

Accordingly, the defendant, in collusion with B, acquired one million won from the injured party.

2. In the event that the defendant in collusion with B receives one million won from the injured party, it is not sufficient to recognize the above only by examining whether the defendant had taken advantage of the currency of the right to purchase the currency of the right to use it, and by making each statement in the legal statement of the witness C and in the investigative agency as if he could have left the interest, and there is no other evidence to acknowledge

3. In conclusion, since the facts charged in this case constitute a case where there is no proof of crime, a judgment of innocence is rendered after the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of innocence is not publicly announced pursuant to the proviso of Article 58(2) of the Criminal Act.

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